HomeMy WebLinkAboutCity Council - 2004-22 RESOLUTION NO. 2004-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH DECLARING ITS INTENTION
TO MODIFY AND INCREASE THE ASSESSMENT
WITHIN THE HUNTINGTON BEACH AUTO DEALERS
BUSINESS IMPROVEMENT DISTRICT
WHEREAS,the Parking and Business Improvement Area Law of 1989, codified at
Streets and Highways Code § 3 65 00, et seq. (the "Act") authorizes cities to establish parking and
business improvement areas for the purpose of imposing benefit assessments on businesses for
certain purposes; and
By the passage of Ordinance No. 3175 on September 8, 1992, the City Council formed a
business improvement area known as the Huntington Beach Auto Dealer Business Improvement
District (the "District"). Ordinance No. 3175 enacted Chapter 3.52 of the Huntington Beach
Municipal Code and authorized the City to collect a monthly benefit assessment from automobile
dealers and other business entities associated with the automobile industry and located within the
District; and
Pursuant to Huntington Beach Municipal Code Section 3.52.100, the City Council has
appointed the Huntington Beach Auto Dealers Business Improvement District Advisory Group
("District Advisory Group") to make recommendations on the expenditure of revenues derived
from the assessment levied on businesses within the District; and
The Huntington Beach Auto Dealers Association("Association") is a non-profit mutual
benefit corporation whose members are businesses located within the boundaries of the District
that are subject to the monthly assessment levied pursuant to Chapter 3.52 of the Huntington
Beach Municipal Code; and
The Association and the Redevelopment Agency of the City of Huntington Beach
("Agency") are parties to an agreement dated October 5, 1992 entitled "Disposition and
Development Agreement" (the "DDA") the purpose of which was to effectuate the
Redevelopment Plan for the Huntington Center Commercial District Project by providing for the
building of an electronic freeway sign on property located adjacent to the 405 Freeway and west
of the intersection of Beach Boulevard and Center Avenue within the City of Huntington Beach
(the "Readerboard"); and
The District Advisory Group has recommended improvements to the Readerboard
including its conversion to a double-face full color screen that utilizes LED technology. The
Agency desires to lend, and the Association wishes to borrow, funds to finance the proposed
improvements of the Readerboard. The District Advisory Group has recommended that the
Association repay the Agency loan in monthly installments by virtue of an increase in the
monthly benefit assessment collected by the City from the District pursuant to HBMC Chapter
3.52. To this end, the District Advisory Group has recommended that the City Council modify
and increase the basis and method of levying the assessment within the District.
Oreso auto BID/4/6/04 1
Resolution No. 2004-22
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve, determine and find as follows:
SECTION 1. The City Council of the City of Huntington Beach hereby declares its
intent to adopt an ordinance modifying assessments within the District for the remainder of
Fiscal Year 2003-04. The levy is to apply to small businesses classified by the City of
Huntington Beach License Code as Class A Retail Sales, (A 1) Auto,New, Used, Parts, including
new business of that classification located within the District as shown in Exhibit Al and A-2, in
the amounts set forth on Exhibit A-3, which exhibits are incorporated herein by reference.
SECTION 2. Pursuant to Section 3.52.100 of the Huntington Beach Municipal Code,
the proposed uses to which the revenue from the District will be put shall be based on the
recommendations of the District Advisory Board, which has recommended that the activities and
improvements to be funded by assessments collected from the District shall include, but by no
means be limited to, installation, operation, maintenance and conversion of the Readerboard to a
double-face full color screen that utilizes LED technology.
SECTION 3. Pursuant to California Environmental Quality Act Guidelines Section
15031, the improvements to the Readerboard to be financed by the proposed increased
assessment collected by the City from the District have been determined to be categorically
exempt from the provisions of the California Environmental Quality Act.
SECTION 4. A public hearing shall be held before the City Council on June 7, 2004, at
7:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City
Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all
interested persons for or against the modification of the basis and method of levying the
assessment, and the furnishing of specified types of improvements or activities. Protests may be
made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time
fixed for the hearing and contain sufficient documentation to verify business ownership and
validate the particular protest. If written protests are received by the owners of businesses within
the District,which will pay 50% or more of the total assessments to be levied, no further
proceedings to levy the proposed assessment shall be taken for a period of one year from the date
of the finding of a majority protest by the City Council. If the majority protest is only against the
furnishing of a specified type or types of improvements or activity within the District,those
types of improvements or activities shall be eliminated.
SECTION 5. Further information regarding the proposed business improvement district
may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach,
California 92648; telephone (714) 536-5542; or from the Huntington Beach Auto Dealers
Association, Inc., P.O. Box 2700, Huntington Beach, CA 92648; telephone (949) 831-3443.
SECTION 6. The City Clerk is hereby directed to cause notice of public hearing to be
given by publication one time at least seven(7) days before the public hearing in a newspaper of
general circulation. The notice shall be substantially in the form of Exhibit A-4.
03resolauto BID/4/6/04 2
Resolution No. 2004-22
SECTION 7. The City Clerk shall mail a complete copy of this resolution of intention
by first-class mail to each business owner in this area within seven days after the Council's
adoption of this resolution.
SECTION 8. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3rd day of ay0 4
t�;ay
Ma
AT IST- APPROVED AS TO FORM:
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
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City Ad istrator Director of Economi Development
03reso/auto RID/4/6/04 3
Res. No. 2004-22
Huntington Beach Boulevard of Cars
Boundary Map
Exh 'ibmit Aml
Res. No. 2004-22
Exhibit Al
Huntington Beachi
BLVD of CARS
Reader Board Site►
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Edinger
Hyundai® Heil
Dodge Q
Chrysler-Jeep & Hummer Lincoln Mercury Mazda
Mitsubishi
Warner
Nissan
Stater
Talbert
Chevrolet m
Ford
Volkswagen Ellis
Saturn
Toyota Garfield
Honda
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Res. No. 2004-22
Huntington Beach Automobile Dealers List
Exh, 'ibit
Res.No. 2004-22 Exhibit A-2
Huntington Beach Automobile Dealers
❑ Steve Sanders o Douglas Spedding/Pat Finely
Huntington Beach Hyundai ❑ Douglas Nissan
16401 Beach Blvd. 17331 Beach Boulevard
Huntington Beach, CA 9267 Huntington Beach, CA 92647
(714) 847--6707 FAX 841-3484 (714) 842-6666 FAX 375-0076
❑ Steve Brown/Ed Ismail ❑ Clay James/John Holmbeck
Heritage Lincoln-Mercury--Mazda Huntington Beach Dodge
16800 Beach Boulevard 16555 Beach Boulevard
Huntington Beach, CA 92647 Huntington Beach, CA 92647
(714) 848-7739 FAX 847-1265 (714) 847-5515 Ext. 232
FAX 596-0230
❑ Tom Croxton/Jim Mulvaney
Huntington Beach Mitsubishi ❑ Chris Ondell
16751 Beach Blvd. Saturn of Huntington Beach
Huntington Beach, CA 92647 18801 Beach Boulevard
(714) 375-9493 Fax 842-1563 Huntington Beach, CA 92648
(714) 841-9828 FAX 842-8499
❑ Dave DeLillo/Bill Demarest
DeLillo Chevrolet ❑ Danny McKenna
18211 Beach Boulevard McKenna Motors Huntington Beach
Huntington Beach, CA 92647 18711 Beach Blvd.
(714) 847-6087 FAX 847-6721 Huntington Beach, CA 92648
842-2000 FAX 841-7819
❑ Rick Evans/Ross Helman:
Huntington Beach Chrysler, Jeep, o ,Terry Benn/John Dalpe
Hummer Norm Reeves Honda
16710 Beach Boulevard 19131 Beach Boulevard _
Huntington Beach, CA 92647 Huntington Beach, CA 92648
(714) 841-3999, ext. 221 (714) 963-1959 FAX 375-9783
FAX 842-2903/841-9993
❑ Bob Miller/Dennis Prado
❑ Robert Levenstein Toyota of Huntington Beach
Power Ford 18881 Beach Boulevard
18255 Beach Boulevard Huntington Beach, CA 92648
Huntington Beach, CA 92648 (714) 847-8555 FAX 847-1105
(714) 842-6611 FAX 848-3481
❑ Jim Upp
❑ Carl Rossman/Dave Hupart Executive Director, ,
KIA of Huntington Beach Huntington Beach Auto Dealers Assoc.
19232 Beach Blvd. 28141 Bluebell Dr.
Huntington Beach, CA 92648 Laguna Niguel, CA 92677-7067
(714) 593-5851 FAX (714) 593-5852 (949) 831-3443
Res. No. 2004-22
Huntington Beach Auto Dealers Business
Improvement District 2003-2004
Revised Assessments
Exhilbolt
Res. No. 2004-22
EXHIBIT A-3
Huntington Beach Auto Dealers
Business Improvement District
2003-2004 Fiscal Year
Revised Assessments
Current Monthly Assessment for Fiscal Year October 2003- September 2004 $775.00
Additional Monthly Assessment for Loan Repayment $700.00
NEW TOTAL MONTHLY ASSESSMENT OF EACH DEALER
FOR REMAINDER OF 2003-2004 FISCAL YEAR $1,475.00
Res. No. 2004-22
Notice of Public Hearing
Exh 'Ib 'It AM4
Re No. 2004-22
EXHIBIT A-4 '
Erg,
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH MODIFYING THE BASIS
AND METHOD OF LEVYING THE ASSESSMENT WITHIN THE HUNTINGTON BEACH
AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT
NOTICE OF PUBLIC HEARING
Notice is hereby given that on May 3, 2004, the City Council of the City of Huntington Beach
adopted a Resolution entitled"A Resolution of the City Council of the City of Huntington Beach
Declaring Its Intention To Modify The Basis And Method Of Levying The Assessment Within
The Huntington Beach Auto Dealers Business Improvement District." Pursuant to the provisions
of Chapter 3.52 of the Municipal Code of the City of Huntington Beach and the Parking and
Business Improvement Area Law of 1989, as codified in Streets and Highways Code Sections
36500, et seq, the City Council of the City of Huntington Beach hereby gives notice as follows:
On Monday, June 7, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, in the
regular meeting place of this City Council, City Council Chambers, City Hall, 2000 Main Street,
Huntington Beach, California, the City Council will conduct a public hearing on the following
"ORDINANCE OF THE CITY OF HUNTINGTON BEACH MODIFYING THE BASIS AND
METHOD OF LEVYING THE ASSESSMENT WITHIN THE HUNTINGTON BEACH AUTO
DEALERS BUSINESS IMPROVEMENT DISTRICT."
At the above-mentioned time and place any person interested will be heard on the proposed
ordinance. A copy of the proposed ordinance is on file in the City Clerk's office. Any questions
on the proposed ordinance may be directed to Christy Teague, in the Economic Development
(714) 536-5542. Any person may make written protest stating objections against granting the
franchise by delivering the written protest signed by the protestant to the City Clerk at a time not
later than 7:00 p.m. on June 7, 2004.
Dated:
Isl Connie Brockway
City Clerk,
City of Huntington Beach
A-4
03reso/auto BID/4/21/04
Res. No. 2004-22'
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of
said City, do hereby certify that the whole number of members of the City
Council of the City of Huntington Beach is seven; that the foregoing resolution
was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at an regular meeting thereof held on the 3rd
day of May, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officiolberk.of the
City Council of the City of
Huntington Beach, California